Second DUI Washington State
The Penalties You May Face
A second DUI offense in Washington State can carry very serious consequences. This is particularly so if your second DUI is within 7 years of the prior DUI-because the judge has mandatory minimums that he or she cannot go below in sentencing. So, unless your charge can be reduced to a lesser offense, deferred, or you are acquitted at trial, you face pretty extreme penalties for a second DUI offense within 7 years.
If you took the breath or blood test and it was less than .15, or more than 5 ng of THC, or if you were impaired by any drug in your system, even if there is no test result (but not because you refused the breath test), the penalties may Include:
- Jail – The judge may impose a maximum of 364 days in jail, but must impose at least 30 days.
- EHM – The judge must impose at least 60 days of electronic home monitoring (EHM) in addition to the jail sentence, or convert the EHM time to jail time at the rate of 1 day in jail for every 15 days on EHM.
- Fine – The fine and statutory assessments will cost at least $1,195.50, plus probation fees, but the fine itself could go as high as $5,000.
- License revocation – You will lose your license, permit or privilege to drive for 1 year if you took the test, or for 2 years if you refused. You will need to get SR22 insurance and pay a $150 reissue fee to reinstate your license. Driver testing is required after any license revocation.
- Ignition interlock – DOL will require that you have a functioning ignition interlock device on any vehicle you drive. The cost of leasing the device depends on the company you choose. The length of time you are restricted to driving with such a device depends upon whether or not you have previously been restricted, pursuant to a conviction, to drive only vehicles equipped with such a device. If you have not previously been restricted, the ignition interlock requirement is for 1 year. If you have previously been restricted for 1 year, you will now have to have it for 5 years, and if you previously had to have it for 5 years, you will now have to have it for 10 years. Add 30 days to that if there was a passenger in the car under 16 when you were arrested.
- Probation – The judge has the authority to place you on probation for up to 5 years.
- Other – You have to get a chemical dependency evaluation from a state-approved agency and complete the recommended treatment if any. You may also have to attend a DUI victim impact panel.
If your test result was .15 or higher, or you refused the test, the penalties could be the following:
- Jail – The judge must sentence you to at least 45 days in jail, but may sentence you up to a maximum of 364 days.
- EHM – You will have to be on house arrest (electronic home detention) for 90 days after you are done with jail, or the court may convert the EHM time to 6 days in jail
- Fine -The fine, with statutory assessments, starts at $1,620.50. The maximum fine is capped at $5,000, plus probation fees
- License revocation – If you took the test, your license or permit or driving privilege will be revoked for 900 days and to get it back afterward, you have to get high-risk insurance, also known as SR22, and pay a reissue fee of $150. If you refused the test, a 3-year revocation is required; SR22 and a $150 reissue fee are required to reinstate your license once you are eligible to drive again. Following a license revocation, a person must pass driver testing.
- Ignition interlock – At least a 1 year ignition interlock restriction will be imposed, and you will not be able to reinstate your license unless you have such a device installed. The ignition interlock restriction is for 1 year, 5 years, or 10 years, depending on whether you previously were ordered to have such a device; if a passenger under the age of 16 was in the car during the incident, another 30 days is added.
- Probation – The court may impose a maximum of 5 years’ probation.
- Other – Even if you were previously evaluated for chemical dependency, you will have to be re-evaluated and do whatever treatment is recommended for your diagnosis, including attending a court-approved DUI victim impact panel.
What Are Some Other Consequences for a 2nd DUI in Washington Sate?
Other serious consequences, not imposed by a judge, may result from the conviction for a Washington State second offense DUI. Few people can serve the extensive jail sentence without losing their job. Electronic home monitoring is costly and at the offender’s expense. The second DUI conviction will show up in background checks for employment, by a landlord, or creditors. Canadian border guards will not permit you to cross into that country. You may be denied a rental car.
Commercial drivers convicted of a second DUI face a lifetime disqualification of their CDL. For anyone convicted of a DUI, insurance rates may skyrocket or the policy may be canceled. For a second offense, there is a greater likelihood that a chemical dependency evaluation will result in a recommendation for intensive treatment for alcohol or drug dependency. Aside from the toll, these consequences have on the person convicted, the person’s family may also suffer peripheral consequences.
Callahan Law, P.S., Inc. Is Ready to Fight for You
A second offense DUI in Washington State is always more difficult to defend than a first offense; people in this situation are in great need of an experienced and well-informed DUI lawyer. A lawyer who will leave no stone unturned, no thread unraveled in their defense. You’ve found a firm that does this every day, led by Attorney Linda M. Callahan, the respected author of the largest, most relied upon legal book on DUI in Washington, the Washington DUI Practice Manual.
There Is No Time to Waste!
To speak to a team member from our firm and tell your story in confidence, call us at (206) 472-1138 or fill out the form below.